United States of America v. Michael T. Brown, also known as Mark Noble Brown, also known as Michael Ballard…

*Honorable James F. McClure, Jr., District Judge for the United States
District Court for the Middle District of Pennsylvania, sitting by designation.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 06-3227
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UNITED STATES OF AMERICA
v.
MICHAEL T. BROWN,
also known as
Mark Noble Brown,
also known as
Michael Ballard
Michael T. Brown,
Appellant
___________
On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. No. 03-cr-00288)
District Judge: The Honorable Maurice B. Cohill, Jr.
___________
Submitted Under Third Circuit LAR 34.1(a)
October 31, 2007
Before: RENDELL and NYGAARD, Circuit Judges,
and McCLURE,* District Judge.
(Filed February 26, 2009)
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2
OPINION OF THE COURT
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NYGAARD, Circuit Judge.
Pursuant to L.A.R. 27.4, the Appellant’s sentence will be vacated and this
matter will be remanded to the District Court for re-sentencing in light of the United
States Supreme Court’s recent decision in Chambers v. United States, No. 06-11206,
2009 WL 63882 (Jan. 13, 2009).
The Government, via letter brief filed January 26, 2009, agrees that the
Appellant’s sentence should be vacated and this matter remanded for re-sentencing
consistent with the Supreme Court’s Chambers decision, supra.

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